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When an Indictment is Required. The Fifth Amendment to the United States Constitution provides that prosecutions for a capital, or otherwise infamous crime must be instituted by a presentment or indictment of a Grand Jury.. See Ex Parte Wilson, 114 U.S. 417, 427 (1885); United States v. Wellington, 754 F.2d 1457, 1462 (9th Cir.), cert.
Nine of the 12 grand jurors must be in agreement to return an indictment. All indictments must be signed by the jury foreperson, even if he or she personally voted not to return an indictment. If the grand jury votes not to return an indictment, the jury foreperson must report that fact in writing.